For the purpose of this subchapter, the following definitions shall apply unless the context indicates or requires a different meaning.
ARTICLES PYROTECHNIC. Pyrotechnic devices for professional use that are similar to consumer fireworks in chemical composition and construction but not intended for consumer use, that meet the weight limits for consumer fireworks but are not labeled as such, and that are classified as UN0431 or UN0432 under 49 C.F.R. 172.101.
CONSUMER FIREWORKS. Fireworks devices that are designed to produce visible effects by combustion, that are regulated to comply with the construction, chemical composition, and labeling regulations promulgated by the United States Consumer Product Safety Commission under 16 C.F.R. parts 1500 and 1507, and that are listed in APA standard 87-1, 3.1.2, 3.1.3, or 3.5. Examples include, but are not limited to, aerials, roman candles, bottle rockets, firecrackers, helicopter/aerial spinners, reloadable shell devices, missile-type devices, single tube devices with report and other items that leave the ground. Consumer fireworks does not include low-impact fireworks.
DISPLAY FIREWORKS. Large fireworks devices and explosive materials intended for use in firework displays and designed to produce visible or audible effects by combustion, deflagration, or detonation, as provided in 27 C.F.R. 555.11, 49 C.F.R. 172, and APA standard 87-1, 4.1.
FEDERAL HOLIDAY. Federal holidays are defined as:
(1) New Year's Day (January 1)
(2) Birthday of Martin Luther King, Jr. (third Monday in January)
(3) President's Day (third Monday in February)
(4) Memorial Day (last Monday in May)
(5) Independence Day (July 4)
(6) Labor Day (first Monday in September)
(7) Columbus Day (second Monday in October)
(8) Veteran's Day (November 11)
(9) Thanksgiving Day (fourth Thursday in November)
(10) Christmas Day (December 25).
FIREWORK or FIREWORKS. Any composition or device, except for a starting pistol, a flare gun, or a flare, designed for the purpose of producing a visible or audible effect by combustion, deflagration, or detonation. Fireworks consist of consumer fireworks, low-impact fireworks, articles pyrotechnic, display fireworks, and special effects.
LOW IMPACT FIREWORKS. Any ground-based and some handheld sparkling devices as that phrase is defined under APA standard 87-1, 3.1, 3.1.1.1 to 3.1.1.8, and 3.5.
NOVELTY FIREWORKS. That term as defined under APA standard 87-1, 3.2, 3.2.1, 3.2.2, 3.2.3, 3.2.4, and 3.2.5 and all of the following:
(1) Toy plastic or paper caps for toy pistols in sheets, strips, rolls, or individual caps containing not more than .25 of a grain of explosive content per cap, in packages labeled to indicate the maximum explosive content per cap.
(2) Toy pistols, toy cannons, toy canes, toy trick noisemakers, and toy guns in which toy caps as described in division (1) are used, that are constructed so that the hand cannot come into contact with the cap when in place for explosion, and that are designed to break apart or be separated so as to form a missile by the explosion.
(3) Flitter sparklers in paper tubes not exceeding 1/8 inch in diameter.
(4) Toy snakes not containing mercury, if packed in cardboard boxes with not more than 12 pieces per box for retail sale and if the manufacturer's name and the quantity contained in each box are printed on the box; and toy smoke devices.
PERSON. An individual, agent, association, charitable organization, company, limited liability company, corporation, labor organization, legal representative, partnership, unincorporated organization, or any other legal or commercial entity.
SPECIAL EFFECTS. A combination of chemical elements or chemical compounds capable of burning independently of the oxygen of the atmosphere and designed and intended to produce an audible, visual, mechanical, or thermal effect as an integral part of a motion picture, radio, television, theatrical or opera production, or live entertainment.
USE OF FIREWORKS. The ignition, discharge, and use of fireworks.
(Ord. - -, passed 10-27-2014)